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MATTER OF INDENTURE AGRMT. OF LAWSON

414 Pa.Super. 550 (1992)

607 A.2d 803

IN the Matter of INDENTURE AGREEMENT of Charlotte S. LAWSON Dated December 31, 1951. Appeal of: MELLON BANK (North) National Association Executor of the Estate of Charlotte S. Lawson and Integra Bank.

Superior Court of Pennsylvania.

Filed May 22, 1992.

Attorney(s) appearing for the Case

Joseph R. Kushner, Oil City, for appellant.

James M. Greenfield, Franklin, for Integra Bank, participating party.

Before CAVANAUGH, MONTEMURO and HESTER, JJ.

CAVANAUGH, Judge:

This appeal presents a single issue:

Is a Trustee under an inter vivos trust precluded from taking a principal termination fee at the end of its fiduciary duties where the trust instrument limited the trustee's fees during the trust to a commission based on income, but is silent as to fees based on principal at the end of the trust?

The court below adopted the recommendation of the auditor and dismissed exceptions thereto thereby...

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